144 Ky. 753 | Ky. Ct. App. | 1911
Opinion op the Court by
Affirming.
This suit was brought by George Chestnut to enjoin John Tracy from fencing up a strip of land three feet wide at the back of his lot on West Main street in Dan-ville, Ky., on the ground that the strip was the property of Chestnut. Tracy answered alleging that the strip was his property and had been in adverse possession of himself and those he claimed under for more than fifteen years. Much proof was taken, and on final hearing the circuit court dismissed Chestnut’s petition, adjudging Tracy the owner of the strip in controversy. Chestnut appeals.
The appeal raises simply a question of fact. The deed under which Chestnut claims conveys to him a strip bounded on the north by the property of Gilcher, on the south by the property of Tracy and others, “about seven feet wide and not less than six feet nine inches.” He has a strip seven wide outside of the three feet in controversy. Tracy’s deed calls for a lot 165 feet deep and he has 165 feet if the line is run as claimed by Chestnut; but Tracy shows that about the year 1889 he fenced up his lot enclosing the strip in controversy and. kept it so fenced, claiming it adversely by actual enclosure and residence on the property until 1906 when he set his fence back 3 feet to accommodate a neighbor who was building and asked the space so he could haul in his materials. If he so held the property for that length of
We give some weight to t}.. finding of the chancellor on a question of fact, and we do not disturb it where the evidence is conflicting and on all the proof the mind is - left in doubt. Here the weight of the evidence sustains: the chancellor’s finding.
Judgment affirmed.